What is the difference between a felony and a misdemeanor under Section 17 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Skylar G. (In re Skylar G.), D066945 (Cal. App. 2015):

2. This subdivision states that an offense that can be charged as either a felony or a misdemeanora so-called "wobbler" (People v. Park (2013) 56 Cal.4th 782, 789)is a misdemeanor "[w]hen, at or before the preliminary examination or prior to filing an order pursuant to [Penal Code] Section 872, the magistrate determines that the offense is a misdemeanor, in which event the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint." (Pen. Code, 17, subd. (b)(5).)

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